49 Fla. L. Weekly D1396a TIMOTHY MERCER, Appellant, v. SADDLE CREEK TRANSPORTATION, INC. and CARMEN RIVERA, Appellees. 6th District. Case No. 6D23-2681. L.T. Case No. 2019-CA-003039. June 28, 2024. Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Osceola County. Tom Young, Judge. Counsel: Hinda Klein, of Conroy Simberg, Hollywood, for Read More »
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Amendments to Florida Rules of Civil Procedure – – Effective January 1, 2025
The Florida Supreme Court issued two opinions (SC2023-0962 and SC2024-0662) making comprehensive amendments to the Florida Rules of Civil Procedure. These new rules implement many of the changes recommended by the Workgroup on Improved Resolution of Civil Cases, along with adopting recommendations made by the Florida Bar Civil Procedure Rules Committee. The new rules are Read More »
The U.S. Department of Labor – – Final Rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees – – Amendment to Regulations at 29 CFR part 541 under the Fair Labor Standards Act.
The U.S. Department of Labor announced a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which amends the regulations at 29 CFR part 541 under the Fair Labor Standards Act. Under this final rule made the following changes: The final rule will take effect on July 1, Read More »
Torts — Automobile accident — Discovery — Non-parties — Treating physicians — Financial relationships — Appeals — Certiorari — Trial court did not depart from essential requirements of the law by compelling production of information and documents related to claimed financial relationship between plaintiff’s attorneys and expert witnesses plaintiff had disclosed as “treating physicians” — Plaintiff’s description of experts as “treating physicians” is not determinative — Experts disclosed as treating physicians were properly characterized as “hybrid witnesses” where expert witness disclosure made clear that those physicians intended to offer opinion testimony which exceeded the scope permissible for a fact witness treating physician, such as opinions regarding future medical treatment and permanency — Hybrid witnesses are subject to financial-bias discovery
49 Fla. L. Weekly D1287a VERNA D. TILLMAN, Petitioner, v. MAHLON O. SWEAT, Respondent. 5th District. Case No. 5D2023-1338. L.T. Case No. 2020-CA-1745. June 12, 2024. Petition for Certiorari Review of Order from the Circuit Court for Marion County. Steven G. Rogers, Judge. Counsel: Brian J. Lee, of Morgan & Morgan, Jacksonville, for Petitioner. Warren Read More »
Appeals — Certiorari — Contracts — Letter of protection — Action alleging attorney breached contract requiring him to refrain from distributing settlement proceeds to client until medical bills owed to plaintiff were paid — Summary judgment — Order denying defendant’s motion for summary judgment on ground that plaintiff failed to join indispensable parties in the lawsuit is not subject to certiorari review — Defendant cannot establish irreparable harm where any injury can be corrected on direct appeal — Petition dismissed
49 Fla. L. Weekly D1216a KIMBERLY FRINZI; BOLLIGER LAW GROUP, PLLC; and ALDO BOLLIGER ESQ., Petitioners, v. THOMAS C. TOLLI, M.D., P.A. d/b/a THOMAS TOLLI, M.D., Respondent. 2nd District. Case No. 2D2023-2008. June 7, 2024. Petition for Writ of Certiorari to the Circuit Court for Pinellas County; Cynthia J. Newton, Judge. Counsel: Aldo Bolliger of Read More »